1. Decisions of the state social courts on basic income support for job seekers (SGB II)
1.1 – North Rhine-Westphalia State Social Court, decision of 30 March 2012, – L 6 AS 1930/11 B –
A pregnant daughter under the age of 25 and her father who is unable to work form a household unit within the meaning of Section 7 Paragraph 3 of the German Social Code, Book II (SGB II).
According to Section 7 Paragraph 3 No. 2 of the German Social Code, Book II (SGB II), the household includes the parents or parent living in the household of an unmarried employable child who has not yet reached the age of 25, and the partner of that parent living in the household.
The increase in the age limit for including adult children living in the household in the benefit unit with their parents to 25 years with effect from 01.7.2006 is not unconstitutional according to the case law of the Federal Social Court (see Federal Social Court judgment of 19.10.2010 – B 14 AS 51/09 R – juris).
Subsequently, when considering whether the use of state funds is justified, the welfare legislator may deviate from the regulations of maintenance law and assume, as a general rule, that family members living together in a household (who are related in a direct line) support each other.
1.2 – North Rhine-Westphalia State Social Court, decision of 30 March 2012, – L 19 AS 388/12 B ER
The applicant, who is unable to work and forms a so-called mixed household with his wife, cannot assert his wife's claims for reimbursement of the heating cost arrears in his own name.
As a member of the household receiving benefits, he is not entitled to assert the claims of another member of the household receiving benefits in his own name, since the claims under the German Social Code, Book II (SGB II) are individual claims of the respective member of the household receiving benefits (see Federal Social Court judgment of 07.11.2006 – B 7b AS 8/06 R = juris Rn 13).
1.3 – North Rhine-Westphalia State Social Court, Judgment of 27 February 2012, – L 19 AS 2027/10 –
A claim arising from a private pension insurance policy in the event of early termination of the contract is an asset that excludes eligibility for assistance under the German Social Code, Book II (SGB II).
If the applicant possesses realizable assets in the form of claims from a private pension insurance policy that covered her needs under the German Social Code, Book II (SGB II), these assets must be taken into account and their realization was deemed reasonable for the applicant.
1.4 – State Social Court of North Rhine-Westphalia, decision of 02.04.2012, – L 19 AS 1908/11 B –
The recipient of benefits under the SGB II bears the burden of proof for his need for assistance.
A prerequisite for entitlement to benefits under the German Social Code, Book II (SGB II), would be, among other things, the applicant's need for assistance, § 7 para. 1 sentence 1 no. 3, § 9 SGB II.
The applicants bear the burden of proof for their existence (see BSG judgment of 27.01.2009 – B 14 AS 6/08 R = juris Rn. 19).
1.5 – North Rhine-Westphalia State Social Court, decision of April 2, 2012, – L 19 AS 178/12 B –
No reimbursement of costs for student transportation, because a distance of slightly more than 2 km is easily manageable on foot or by bicycle for secondary school students – in the absence of physical or mental limitations (cf. also Munich Administrative Court judgment of November 14, 2011 – M 3 K 11.670 = juris (minimum distance: 3 km); Lüneburg Higher Administrative Court decision of August 12, 2011 – 2 LA 283/10 = juris (minimum distance: 4 km); Section 5 Paragraph 2 of the North Rhine-Westphalia School Transportation Ordinance (minimum distance: 3.5 km)).
1.6 – North Rhine-Westphalia State Social Court, decision of 04.04.2012, – L 7 AS 393/12 B ER
Jobcenter must reimburse the applicant's actual travel expenses incurred in exercising his 14-day right of access to his daughter; the instructions of the Federal Employment Agency regarding the reimbursement of costs for exercising the right of access are not binding.
1.7 – North Rhine-Westphalia State Social Court, decision of 19 March 2012, – L 19 AS 2068/11 B –
The portion of child benefit not required for the maintenance of a child must be taken into account as income within the meaning of Section 11 Paragraph 1 Sentence 1 of the German Social Code, Book II (SGB II) as amended (BSG judgment of 13 May 2009 – B 4 AS 39/08 R = juris Rn 25).
From this income, the insurance allowance of EUR 30.00 pursuant to Section 11 Paragraph 2 Sentence 1 No. 3 SGB II a. F. (Federal Social Court judgment of May 13, 2009 – B 4 AS 39/08 R = juris Rn 25), the contributions to the legally required motor vehicle liability insurance pursuant to Section 11 Paragraph 2 Sentence 1 No. 3 SGB II a. F. (Federal Social Court judgment of October 31, 2007 – B 14/11b AS 7/07 R = juris Rn 20 and of December 21, 2009 – B 14 AS 42/08 R = juris Rn 28) and retirement savings contributions within the meaning of Section 11 Paragraph 2 Sentence 1 No. 4 SGB II are to be deducted.
1.8 – North Rhine-Westphalia State Social Court, decision of 20.03.2012, – L 12 AS 352/12 B ER –
No assumption of rent arrears, because if there is no eviction action, a ground for an order cannot be considered credible.
1.9 – Saxon State Social Court, Judgment of 24 November 2011, – L 3 AS 190/08 –
Under the German Social Code, Book II (SGB II), offsetting losses between different types of income was not possible under basic income support law, even during the period from January 1, 2005, to December 31, 2007 (see Saxon State Social Court, decision of January 10, 2006 – L 3 B 233/05 AS-ER – JURIS document, para. 31; contra Saxon State Social Court, decision of September 15, 2005 – L 3 B 44/05 AS-ER – JURIS document, para. 37; for an exclusion of loss offsetting under SGB II, see also: Hessian State Social Court, decision of April 24, 2007 – L 9 AS 284/06 ER – JURIS document, para. 31; Berlin-Brandenburg State Social Court, judgment of March 6, 2008 – L 28 AS 1276/07 – JURIS document). Paragraph 27; Higher Social Court for the State of North Rhine-Westphalia, decision of March 19, 2008 – L 20 B 228/07 ER – JURIS document, paragraph 11; Link, in: Eicher/Spellbrink, SGB II (2nd ed., 2008), § 11, paragraph 55; Geiger, in: Münder [ed.], SGB II [4th ed., 2011], § 11b, paragraph 25; Söhngen, in: Schlegel/Voelzke, jurisPK-SGB II [3rd ed., 2011], § 11, paragraph 44).
Author of the legal case ticker: Willi 2 from Tacheles
Source: Tacheles legal case law ticker, www.tacheles-sozialhilfe.de
